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Catch-up with the latest developments in IP, with the 200th edition of Never Too Late! This week's highlights include a report on algorithmic fashion and a perspective on the KitKat shape-mark case.  GuestKat Mirko Brüß reports on the latest referral from the German Federal Court of Justice (FCJ) to the CJEU, on the questions of platform liability and the right of communication to the public. The case, which has been going on since 2009, concerns a lawsuit between the music producer Frank Peterson and YouTube (and Google). Peterson is seeking damages from YouTube and Google because certain videos remained available on YouTube, even after Peterson had asked the platform to remove the content:  BREAKING: FCJ refers case regarding YouTube’s liability for damages to the CJEU . Kat Eleonora Rosati   explores the growing trend for fashion houses to produce garments that consumers already want, so called "algorithmic fashion". Eleonora considers how this is achiev...

Rodarte, S/S 2019 Yesterday  The New York Times published a very interesting article by fashion expert Vanessa Friedman, which praises the spring/summer 2019 collections presented by Telfar and Rodarte during New York Fashion Week, as being about fashion that consumers do not really know they want yet.  Apparently it has become commonplace for fashion houses to produce garments that consumers already want. As explained by Friedman,  There’s a lot of pressure these days to design by algorithm. We know too much about buying habits and likes, and the result is an insidious bias toward giving people what they have already indicated they want. It may be safe, and easier to sell, but it’s antithetical to the whole point of fashion, which should be about giving people what they never knew they wanted — what they couldn’t imagine they wanted — until they saw it. But how is all this 'profiling' done? It will not come as a surprise that identification of what we will want, and...